Lucius Lydick v. Rebecca Herrera

• Court: Court of Appeals of Texas
• Decided: July 3, 2025
• Docket: 03-25-00279-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00279-CV

Lucius Lydick, Appellant

v.

Rebecca Herrera, Appellee

FROM THE 425TH JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY NO. 25-0015-PO425, THE HONORABLE BETSY F. LAMBETH, JUDGE PRESIDING

O R D E R AN D M E MO RAN DU M O PI N I O N

PER CURIAM

Appellant Lucius Lydick has filed an unopposed motion to abate this appeal

pending entry of final judgment in the district court. Lydick appealed the district court’s dismissal

for want of prosecution; however, the district court later vacated that order and reinstated the case

on its docket. Lydick represents that the district court indicated its intent to deny his application

for protective order. He requests that this Court abate the appeal and remand to the district court

for entry of final judgment.

We grant the motion and abate this appeal. See Tex. R. App. P. 27.1(a) (addressing

prematurely filed notices of appeal), 27.2 (allowing appellate court to treat actions taken before

appealable order is signed as relating to appeal of that order), 44.3 (prohibiting appellate court

from dismissing appeal for formal defects or procedural irregularities without allowing reasonable time to correct or amend). We remand the appeal to the district court to cure the jurisdictional

defect and provide the clerk’s record containing a final judgment within thirty days from the date

of this order. If the supplemental clerk’s record containing a final judgment is not provided to this

Court by that date, we order the parties to file a status report on that date instead.

It is so ordered on July 3, 2025.

Before Justices Triana, Kelly, and Theofanis

Abated and Remanded

Filed: July 3, 2025